The petitioner herein is the original 5th accused in C.C.No.731/2000 of the Judicial First Class Magistrate Court, Payyannur. Crime in the said case was registered under Sections 143, 147, 148 and 324 IPC read with 149 IPC, on the complaint of one Muhammadali. The accused Nos. 1 to 4, 6, 7 and 9 faced trial before the learned Magistrate in C.C. No.731/2000, and obtained a judgment of acquittal on 14.06.2004 when the material witnesses including the first informant turned hostile to the prosecution in view of an amicable settlement made out of court. The case against the petitioner herein and the 8th accused was split up and refiled as C.C.No. 395/2004, when they remained absent throughout. Later, the 8th accused surrendered before the learned Magistrate and faced trial in C.C.No.357/2009. He also obtained a judgment of acquittal in the said case. The case against the petitioner herein was again split up and refiled, and it is now pending as C.C. No.869/2014. On a perusal of the Annexure-II judgment in C.C. No. 731/2004 and the Crl.M.C.. No. 6882/2014 2 Annexure-III judgment in C.C.No. 357/2009, I find that the other accused obtained a judgment of acquittal when all the material witnesses turned hostile to the prosecution in view of an amicable settlement made out of court by the parties. Any way, the substratum of prosecution case stands lost by the acquittal of the others in the absence of any evidence. In such a situation, continuance of prosecution as against the petitioner herein will not serve any purpose. No doubt, the prosecution cannot, in any manner, improve the case against the petitioner, and the witnesses also cannot, in any manner, support the prosecution, if the case against the petitioner herein goes to trial. In the result, this Crl.M.C. is allowed. The prosecution against the petitioner in C.C. No. 869/2014 of the Judicial First Class Magistrate Court, Payyannur will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
Sd/-
P. UBAID, JUDGE sd